State Officers under the Constitutions of 1848 and 1870: (For Officers under First Constitution, see Vol. I, page 550.,

APPENDIX-STATE OFFICERS.

AUDITORS OF PUBLIC ACCOUNTS:

UNDER

Judiciary.

INDER the constitution of 1818, the supreme court was the only court created by that instrument, and the circuit courts had no existence except by legis lative enactment; but upon organizing the judiciary as it existed under the consti. tution of 1848, the circuit courts constituted a part of the judicial system as created by the new constitution-it being declared in that instrument that the judicial power of the State shall be vested in one supreme court, in circuit courts, in county courts, and in justices of the peace, and the general assembly is authorized to establish inferior local courts of civil and criminal jurisdiction, in the cities of the State, but such courts must have uniform organization and jurisdiction in such cities.

The supreme court consisted of three judges. The State was divided into three grand divisions, the people in each division electing one of said judges, for the term of nine years; though after the first election of judges under the constitution the general assembly could provide by law for their election by the whole State, or by divisions, as they might deem most expedient; but no change in that respect was made, and the judges of the supreme court continue to be elected by divisions, as provided in the constitution.

These three grand divisions were established by the new constitution, but after the taking of each census by the State they might be altered, if necessary, to equalize them in population, the alteration being required to be made by adding to either of the districts such adjacent counties as would make them nearest equal in population. Appeals and writs of error could be taken from the circuit court of any county to the supreme court, held in the division which included such county; or, with the consent of all parties in the cause, to the supreme court in the next adjoining division.

It was provided in the constitution that the State should be divided into nine judicial circuits, but the general assembly might increase the number to meet the future exigencies of the State.

The number of circuits was afterward increased from time to time as the business of the courts required, so that there were thirty judicial circuits in the State in all, created under the constitution of 1848.

In each of the nine circuits the constitution required that one circuit judge should be elected by the people thereof, who should hold his office for the term of six years, and until his successor should be commissioned and qualified.

The first election for justices of the supreme court and judges of the circuit courts under the constitution was required to be held on the first Monday of September, 1848, and it was further provided, that on the first Monday of June, 1855, and every sixth year thereafter, an election should be held for judges of the circuit courts; and whenever an additional circuit was created, such provision should be made as to hold the second election of such additional judge at the regular elections provided in the constitution.

All vacancies, either in the supreme or circuit courts, must be filled by an election by the people, though if the unexpired term did not exceed one year, such vacancy might be filled by executive appointment.

It was required that there should be two or more terms of the circuit court held annually in each county in the State, at such times as might be provided by

APPENDIX-APPELLATE COURTS.

1143

law, and the circuit courts to have jurisdiction in all cases at law and in equity, and in all cases of appeal from all inferior courts.

These were the constitutional provisions as to the organization and jurisdiction of the circuit courts as they existed under the constitution of 1848,—the schedule to the constitution of 1848 further declaring that the judges of the circuit courts should have and exercise the powers and jurisdiction conferred upon the former judges of those courts, subject to the provisions of this constitution.

The constitution of 1870 vested the judicial powers in one supreme court, circuit courts, county courts, justices of the peace, police magistrates, and such courts as may be created by law in and for cities and incorporated towns.

The supreme court consists of seven judges, and has original jurisdiction, similar to that granted by the constitution of 1848. There is one chief-justice, selected by the court; four judges constitute a quorum, and the concurrence of four judges is necessary to a decision.

The three grand divisions established by the constitution of 1848 for holding. the supreme court are retained in the present constitution. The terms of the court, the judicial divisions, and places of holding court are regulated by law.

The State, for the election of supreme judges, is divided by the constitution into seven districts, one judge being elected from each district. The election occurs on the first Monday in June, in each year, in such districts as the terms of any of the judges may expire. The term of office is nine years.

Appeals and writs of error may be taken to the supreme court held in the grand division in which the case is decided, or, by consent of parties, to any other grand division.

The officers of the supreme court, as fixed by the constitution, are: one reporter of its decisions, who is appointed by the court, holds office six years, and is subject to removal by the court; one clerk in each of the three grand divisions, to be elected by the voters in their respective divisions, and hold office six years.

Appellate Courts:

The constitution of 1870 provided for the creation of appellate courts, after the year 1874, of uniform organization and jurisdiction, in districts created for that purpose, to which such appeals and writs of error as the general assembly may provide may be prosecuted from circuit and other courts, and from which appeals and writs of error may lie to the supreme court, in all criminal cases and cases in which a franchise or freehold or the validity of a statute is involved, and in such other cases as may be provided by law. Such appellate courts to be held by such number of judges of the circuit courts, and in such times and places, and in such manner, as might be provided by law; but no judge shall sit in review upon cases decided by him, nor shall said judges receive any additional compensation for such services.

Under the above provisions of the constitution, the legislature in 1877 created four appellate courts, and provided districts as follows: the first to consist of the county of Cook; the second to include all of the northern grand division of the supreme court, except the county of Cook; the third to consist of the central grand division of the supreme court; and the fourth the southern grand division of the supreme court. Each court to be held by three of the judges of the circuit court, to be assigned by the supreme court, three to each district, for the term of threeyears, at each assignment.

Two terms of the appellate court are held in each district in every year.

One presiding justice is chosen in each district by the judges thereof, for such time and in such manner as they may determine. Two judges constitute a quorum, and the concurrence of two is necessary to a decision.

Appellate-court clerks are elected, one for each district, and hold office six years. The appellate courts have appellate jurisdiction only, and have jurisdiction of all matters of appeal or writs of error from the final judgments, orders, or decrees of any of the circuit courts, or the superior court of Cook County, or from the city courts, in any suit or proceeding at law or in chancery other than criminal cases, and cases involving a franchise or freehold, or the validity of a statute. Appeals and writs of error lie from the final orders, judgments, or decrees of the circuit or city courts, and from the superior court of Cook County, directly to the supreme court, in all criminal cases, and in cases involving a franchise or freehold, or the validity of a statute. In all cases determined in the appellate courts, in actions ex-contractu (except those involving a penalty), wherein the amount involved is less than one thousand dollars, exclusive of costs, and in all cases sounding in damages, wherein the judgment of the court below is less than one thousand dollars, exclusive of costs, and the judgment is affirmed or otherwise finally disposed of in the appellate court, the judgment, order, or decree of the appellate court shall be final, and no appeal shall lie or writ of error be prosecuted therefrom. In all other cases, appeals shall lie and writs of error may be prosecuted from the final judgments, orders, or decrees of the appellate courts to the supreme court. A majority of the judges of the appellate court may, however, if they be of the opinion that any case decided by them, involving a less sum than one thousand dollars, also involves questions of law of such importance, either on account of principal or collateral interests, as that it should be passed upon by the supreme court, in such cases, grant appeals and writs of error to the supreme court, on petition of parties to the cause, in which case they shall certify to the supreme court the grounds upon which the appeal is granted.

The law establishing the appellate courts went into effect July 1, 1877, the election of circuit judges took place in August, and the first assignment of appellate judges was made by the supreme court at the September term, in the same year. These are substantially the constitutional and statutory provisions as to the organization and jurisdiction of the appellate courts.

Circuit Courts:

The constitution provides that the circuit courts shall have original jurisdiction of all causes in law and equity, and such appellate jurisdiction as is or may be provided by law, and shall hold two or more terms each year in every county. The judges are elected by districts, and hold office six years.

Section 13 of the judiciary article of the constitution provides that the State, exclusive of Cook and other counties having a population of 100,000, shall be divided into judicial circuits, to be formed of contiguous counties, and not over one circuit for each 100,000 population; one judge to be elected for each circuit. The first election for circuit judges was required to be held on the first Monday in June, 1873, and every six years thereafter.

The legislature, in 1873, in accordance with above section, divided the State, exclusive of Cook County, into twenty-six judicial circuits, and at the election in June, 1873, one judge was elected for each circuit, for the term of six years.

Section 15 of the judiciary article of the constitution provides that the general assembly may divide the State into judicial circuits of greater population and